Birthright Citizenship Legal Battles
House Republicans introduced the 'End Birthright Citizenship for Territories Act' on July 23, 2026, aiming to end automatic birthright citizenship in U.S. territories for births after January 1, 2027. As of July 23, 2026, this legislation follows the Supreme Court's June 30, 2026, 6-3 ruling in *Trump v. Barbara* that upheld birthright citizenship for children born in the U.S. regardless of parents' status. In response, Governor Ricketts of Nebraska is advocating for new legislation, Texas Governor Greg Abbott is investigating "birth tourism," and Senator Jim Banks introduced the "Citizenship Act of 2026" on July 13, 2026. President Trump intends to seek a Supreme Court rehearing of the case, and the U.S. government has also requested a rehearing.
Timeline
Want updates on this thread?
Track this storyTimeline of developments
August 2026 — 2 developments
ACLU and Groups Challenge New Executive Orders Limiting Birthright Citizenship
Organizations including the ACLU have asked a federal court to ensure continued protection for children affected by the *Barbara* case, asserting that new executive orders issued on August 6, 2026, are illegal and contradict the Supreme Court's ruling. They argue the Supreme Court has already affirmed the Citizenship Clause is not subject to executive revision.
Trump Issues New Executive Orders to Restrict Birthright Citizenship
President Trump signed new executive orders on August 6, 2026, targeting "birth tourism" and children of foreign diplomatic staff to restrict birthright citizenship. Legal experts suggest these orders are likely to face challenges and may not withstand scrutiny, as they appear to contradict the Supreme Court's prior ruling and the 14th Amendment.
July 2026 — 7 developments
House Republicans Introduce Bill to End Birthright Citizenship in U.S. Territories
House Republicans have introduced the 'End Birthright Citizenship for Territories Act,' aiming to end automatic birthright citizenship in U.S. territories for births after January 1, 2027. This legislation follows the Supreme Court's ruling that upheld birthright citizenship for children born in the U.S. regardless of parents' status.
Supreme Court Upholds Birthright Citizenship; Governors and Lawmakers Consider New Actions
The Supreme Court upheld birthright citizenship for children born in the U.S. to undocumented or temporary visa parents in its June 2026 ruling in *Trump v. Barbara*. In response, Governor Ricketts of Nebraska is advocating for new legislation to reform or limit birthright citizenship, and Texas Governor Greg Abbott has directed state health agencies to investigate "birth tourism" schemes. A new law restricting federal funding for certain noncitizens is set to take effect in October 2026.
Lawmakers Introduce Bills to Restrict Birthright Citizenship Post-Supreme Court Ruling
Republican lawmakers are introducing legislation and debating new avenues to restrict birthright citizenship following the Supreme Court's June 30, 2026, ruling in *Trump v. Barbara*. Bills targeting U.S. territories have been introduced, and discussions are ongoing regarding Congress's power to redefine citizenship.
Trump to Seek Rehearing on Birthright Citizenship Ruling
President Trump intends to seek a Supreme Court rehearing of the birthright citizenship case following the Court's 6-3 decision against his executive order. Legal experts noted surprise at the close 5-4 divide on the constitutional issue among some justices.
Documentary on Birthright Citizenship Released Amid Legal Battles
Filmmaker Ava DuVernay released her Netflix documentary "14th" on July 16, 2026, examining the Fourteenth Amendment's role in the birthright citizenship debate. The documentary follows the Supreme Court's June 30, 2026, ruling upholding birthright citizenship and invalidating President Trump's executive order.
US Government Requests Rehearing on Birthright Citizenship; New Bill Introduced
The U.S. government has requested a rehearing following the Supreme Court's June 30, 2026 decision to strike down President Trump's executive order on birthright citizenship. Representative John McGuire also introduced the Birthright Citizenship Clarification Act on July 9, 2026, to codify the order's provisions.
Senator Introduces Bill to Alter Birthright Citizenship Post-Supreme Court Ruling
Senator Jim Banks introduced the "Citizenship Act of 2026" on July 13, 2026, aiming to amend federal law to prevent children born to undocumented immigrants and "birth tourists" from receiving automatic citizenship. This legislative action follows the Supreme Court's June 30, 2026 ruling that struck down President Donald Trump's executive order on birthright citizenship.
June 2026 — 2 developments
Supreme Court rules against Trump's executive order on birthright citizenship
The Supreme Court has ruled 6-3 against President Donald Trump's executive order that sought to end birthright citizenship, upholding the long-standing interpretation of the 14th Amendment. The decision affirmed that children born to parents in the U.S. unlawfully or temporarily are still considered citizens.
Federal Judge Certifies Class Action, Issues Injunction Against Trump Birthright Citizenship Order
A federal judge in New Hampshire certified a class action lawsuit and issued a preliminary injunction blocking former President Trump's executive order on birthright citizenship in July 2025. This action occurred after a June 2025 Supreme Court ruling that limited the availability of nationwide injunctions.
May 2026 — 1 developments
Supreme Court decision on Trump birthright citizenship order expected by July
A decision in the Supreme Court case challenging former President Trump's executive order on birthright citizenship is anticipated by the end of June or early July 2026. The Supreme Court heard oral arguments on April 1, 2026, with most justices expressing skepticism about the order's legality. The order has been halted by preliminary injunctions in lower courts.
April 2026 — 2 developments
Federal appeals court rules Trump birthright citizenship order unconstitutional
A federal appeals court has ruled former President Trump's executive order on birthright citizenship unconstitutional. This is the first time an appellate court has addressed the merits of the executive action, which has been put on hold.
Donald Trump attends Supreme Court arguments on birthright citizenship, a historic first for a former president
Former President Donald Trump attended oral arguments at the Supreme Court on April 1, 2026, for a case challenging his executive order on birthright citizenship. This marks the first time a sitting or former U.S. president has attended Supreme Court arguments.
March 2026 — 3 developments
NEA and ACLU defend birthright citizenship, challenge executive order in court
The National Education Association (NEA) and other labor unions are defending birthright citizenship, stating that federal courts have issued injunctions blocking the enforcement of the executive order. The ACLU is also involved in multiple lawsuits challenging the order, with a federal appeals court in the 9th Circuit having ruled it unconstitutional.
Senate holds hearing on 14th Amendment birthright citizenship ahead of Supreme Court review of Trump executive order
A Senate hearing was held in March 2026 to examine the interpretation of the 14th Amendment regarding birthright citizenship for children of undocumented immigrants or tourists. This discussion is linked to former President Trump's executive order that sought to limit birthright citizenship. The Supreme Court is scheduled to hear oral arguments on April 1, 2026, regarding this executive order.
Justice Department Urges Supreme Court to Adopt 'Domicile' in Birthright Citizenship Case
The Justice Department is urging the Supreme Court to incorporate the concept of "domicile" into the interpretation of the 14th Amendment in the ongoing challenge to President Trump's birthright citizenship executive order. This legal strategy seeks to alter how parental immigration status affects a child's citizenship. Oral arguments in the case, Trump v. Barbara, are scheduled for April 1, 2026.
February 2026 — 10 developments
NAACP, USCCB Urge Supreme Court to Strike Down Trump's Birthright Citizenship Order
The NAACP and other civil rights groups have urged the Supreme Court to strike down President Trump's executive order on birthright citizenship, arguing it distorts the 14th Amendment. The U.S. Conference of Catholic Bishops (USCCB) also filed a Supreme Court brief opposing the order, calling it 'immoral' and an affront to Catholic teaching.
U.S. Bishops, Catholic Group Back Lawsuit Challenging Trump's Birthright Citizenship Order
The U.S. bishops and a Catholic immigration advocacy group have supported a lawsuit challenging President Donald Trump's executive order that limits birthright citizenship. Oral arguments in the case, Trump v. Barbara, are scheduled for April 1. The executive order, signed on January 20, 2025, sought to alter the legal interpretation of the 14th Amendment's Citizenship Clause.
Maryland AG Brown Joins Coalition Defending Birthright Citizenship at Supreme Court
Maryland Attorney General Anthony G. Brown joined a coalition of 24 attorneys general in defending birthright citizenship at the Supreme Court in the case Barbara v. Trump. Additionally, two historians have filed an amicus brief in support of the challenge to President Trump's executive order.
Arizona Attorney General Mayes defended birthright citizenship as Supreme Court reviews Trump's executive order
Arizona Attorney General Mayes defended birthright citizenship on February 26, 2026, as the Supreme Court reviews the constitutionality of President Trump's executive order. The order, issued January 20, 2025, restricts citizenship to children with at least one U.S. citizen or lawfully admitted permanent resident parent, and immigrant rights groups assert it violates the 14th Amendment.
NY AG Letitia James and others urge Supreme Court to uphold birthright citizenship
New York Attorney General Letitia James, leading a coalition of 23 other attorneys general and San Francisco, urged the U.S. Supreme Court to uphold birthright citizenship by filing an amicus brief. Massachusetts Attorney General Andrea Joy Campbell also co-led a coalition of 24 attorneys general and San Francisco in a similar brief. Additionally, U.S. Senators Ron Wyden and Jeff Merkley, with 27 colleagues, signed an amicus brief to protect birthright citizenship.
216 House and Senate Democrats file amicus brief supporting birthright citizenship in Trump v. Barbara
On February 24, 2026, 216 House and Senate Democrats filed an amicus brief with the Supreme Court in support of birthright citizenship in the case Trump v. Barbara. The lawmakers argue that President Trump's executive order to end birthright citizenship violates the Constitution, Supreme Court rulings, and laws passed by Congress. Oral arguments in the case are scheduled for April 1, 2026.
President Trump Criticizes Supreme Court Over Birthright Citizenship Case
President Donald Trump has criticized the Supreme Court over the pending case challenging his executive order on birthright citizenship. Legal experts argue the order, which seeks to end birthright citizenship for children born in the U.S. to non-citizen parents, is unconstitutional and contradicts established precedent. The Supreme Court has scheduled oral arguments for April 1, 2026.
Pasadena City Council votes to join birthright citizenship legal challenge against Trump
The Pasadena City Council has voted to join as an amicus curiae in the legal challenge to President Trump's executive order on birthright citizenship, supporting the plaintiffs. This action adds a new municipal entity to the ongoing legal efforts against Executive Order 14160. The case, Barbara v. Trump, is scheduled for oral arguments before the Supreme Court on April 1, 2026.
President Trump voices concern Supreme Court will rule against his birthright citizenship order
President Donald Trump expressed concerns on February 23, 2026, that the Supreme Court will rule against his executive order on birthright citizenship, drawing parallels to a recent Supreme Court decision that found his tariffs illegal. The order, issued on January 20, 2025, aims to end birthright citizenship for children born in the U.S. to non-citizen parents.
Legal Organizations File Supreme Court Brief Against Trump's Birthright Citizenship Order
Legal organizations representing children affected by President Trump's executive order restricting birthright citizenship filed their Supreme Court merits brief on February 19, 2026. The lawsuit argues that the executive order violates the Constitution, Supreme Court precedent, and federal law. Oral arguments are scheduled for April 1, 2026.
January 2026 — 9 developments
Justice Department Defends Trump's Birthright Citizenship Order in Supreme Court Brief
The Justice Department has filed a brief with the Supreme Court defending President Trump's executive order on birthright citizenship, urging the court to uphold it.
Supreme Court Schedules Oral Arguments for Trump Birthright Citizenship Case
The Supreme Court has scheduled oral arguments for April 1 in the case of Trump v. Barbara, which challenges President Trump's executive order seeking to end birthright citizenship.
Congresswoman Tenney files amicus brief in Trump v. Barbara, citing Fourteenth Amendment intent
Congresswoman Claudia Tenney led an amicus curiae brief filed with the Supreme Court in the Trump v. Barbara case, arguing the Fourteenth Amendment was intended for newly freed slaves and not to incentivize illegal immigration.
U.S. Representative Chip Roy and Senator Eric Schmitt file amicus brief supporting Trump's birthright citizenship order
U.S. Representative Chip Roy and Senator Eric Schmitt filed an amicus brief with the Supreme Court, supporting President Trump's executive order on birthright citizenship.
Alabama AG Marshall and 26 states file Supreme Court brief supporting Trump's birthright citizenship order
Alabama Attorney General Steve Marshall announced that Alabama, along with a coalition of 26 states and territories, has filed an amicus brief with the U.S. Supreme Court supporting President Trump's executive order on birthright citizenship. This brief backs the order aiming to prohibit “birthright” citizenship.
Michigan AG Nessel leads 18 states in lawsuit challenging Trump's birthright citizenship order
A coalition of 18 state attorneys general, led by Michigan AG Dana Nessel, filed a lawsuit on January 21, 2025, challenging President Trump's executive order to limit birthright citizenship.
Solicitor General Argues for Citizenship in Trump v. Barbara Supreme Court Case
A Supreme Court update notes the central question in Trump v. Barbara is whether the president's executive order contravenes the 14th Amendment's citizenship clause, with the solicitor general arguing for citizenship.
ACLU National Legal Director Cecillia Wang to argue birthright citizenship case before Supreme Court
The ACLU announced that its National Legal Director, Cecillia Wang, will argue the case before the Supreme Court in Spring 2026, asserting that the administration's attempt to end birthright citizenship violates the 14th Amendment.
Petitioners led by Donald Trump submit briefs to Supreme Court
Briefs for the petitioners (Donald J. Trump, President of the United States, et al.) were submitted to the Supreme Court.
December 2025 — 1 developments
ACLU Legal Director Cecillia Wang to argue birthright citizenship case at Supreme Court
ACLU Legal Director Cecillia Wang is set to present arguments at the Supreme Court in the *Trump v. Barbara* birthright citizenship case.
October 2025 — 2 developments
Appeals Court Upholds Injunction Against Trump's Birthright Citizenship Order
A federal appeals court upheld a district court's injunction blocking President Trump's executive order that sought to narrow birthright citizenship. The First Circuit Court of Appeals ruled in favor of plaintiff states against the Trump administration on October 3, 2025. The Supreme Court has granted certiorari to hear the case, Trump v. Barbara, which challenges the executive order's compliance with the 14th Amendment.
Federal Appeals Court Upholds Block on Trump's Executive Order on Birthright Citizenship
A federal appeals court in Massachusetts upheld a block on President Trump's executive order seeking to strip babies born in the United States of their U.S. citizenship in the case of New Hampshire Indonesian Community Support v. Donald J. Trump.
September 2025 — 1 developments
Trump administration asks Supreme Court to take up Barbara v. Trump case
The Trump administration filed a petition for a writ of certiorari before judgment, asking the Supreme Court to take up the *Barbara v. Trump* case.
July 2025 — 1 developments
Judge Laplante blocks Executive Order 14160 enforcement with preliminary injunction
Judge Joseph Laplante of the U.S. District Court for the District of New Hampshire issued a preliminary injunction, indefinitely blocking the enforcement of Executive Order 14160 against the certified class of individuals who would be impacted by the policy.
June 2025 — 2 developments
Barbara sues Trump in New Hampshire, challenging Executive Order 14160
The class-action lawsuit *Barbara v. Trump* was filed in the U.S. District Court for the District of New Hampshire, challenging Executive Order 14160. The lead plaintiff, "Barbara," is a Honduran citizen.
Supreme Court restricts nationwide injunctions in *Trump v. CASA, Inc.*
The Supreme Court ruled in *Trump v. CASA, Inc.* that federal district courts generally cannot issue nationwide (universal) injunctions. This decision influenced the strategy for challenging the birthright citizenship executive order.
January 2025 — 3 developments
Federal Judge Blocks Trump's Birthright Citizenship Order with Nationwide Restraining Order
Twenty-two states and immigrants' rights advocates have filed lawsuits challenging President Trump's executive order on birthright citizenship. On January 23, 2025, a federal judge issued a nationwide temporary restraining order blocking the order, stating the lawsuit is likely to prevail. The order, issued January 20, 2025, sought to deny U.S. citizenship to certain babies born in the United States to non-citizen parents.
ACLU and immigrant rights advocates file lawsuit challenging executive order
Hours after the executive order was issued, the ACLU and other immigrant rights advocates filed a lawsuit challenging the order, arguing it violates the 14th Amendment.
President Trump signs order to deny birthright citizenship for children of non-citizens
President Donald Trump signed Executive Order 14160, "Protecting the Meaning and Value of American Citizenship," aiming to deny birthright citizenship to children born in the U.S. whose mothers were unlawfully present or had temporary lawful status, and whose fathers were not U.S. citizens or lawful permanent residents. The order was set to apply to infants born on or after February 19, 2025.